CS votes to add to legal team

CLARKS SUMMIT - The Clarks Summit Borough Council legal team grew by one on Monday night.

During a special meeting held on Monday, Nov. 16, the council voted 5-2 in favor of hiring former state Superior Court Judge Robert Graci to assist in the negotiations and appeal in the Grandview Street case.

It was ruled in September that the Clarks Summit Borough is to pay $2.5 million in damages to landowner Peter Amato and land developer Michael Noto, for losses related to the borough’s closure of Grandview Street in November 2003.

During the time of the trial, the borough said it was not allowed to bring certain evidence forward, including the chance to comment on some inconsistencies in testimony given by Amato and Noto during the most recent trial and testimony given in 2003.

“One of the things that was a principal part of our case was that the original position of Mr. Noto and Mr. Amato was they were only going to use Grandview St. in Clarks Summit to bring the cars from the 39 single family homes in and out and that’s what they were going to use it for. At the trial here that took place they said ‘no, no we were going to use Grandview St. not only for the 39 single family homes but for the 130 multi family homes,’ and they never said that before,” said solicitor Ernie Preate.

Graci who is currently head of the appellate division of the Harrisburg law firm Eckert Seamans, is being brought in to help as the borough prepares for the appeal .

The borough is still allowed to enter into negotiations to try and settle the matter.

Graci is providing his services to the borough for $300 an hour and has waived his retainer. His services can be discontinued at any time if the borough reaches a settlement, or if they feel his services are no longer needed.

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